VGC

GENERAL TERMS AND CONDITIONS OF SALE

DEFINITIONS
These General Terms and Conditions of Sale (hereinafter "GTC") are offered by Manacreations, a company registered with the Cherbourg Trade and Companies Register under number 812441970, with its registered office at 33 rue d'ozouville 50440 La Hague (hereinafter "Manacreations").
Hereafter, the following terms will be defined as:

• "Site": the website http://www.manacreationsbijoux.com and all its pages.
• "Products": all material products that can be purchased on the Site.
• "Seller": Manacreations, a legal entity or individual, offering its Products or Services on the Site.
• "Client": the internet user, individual or professional, making a purchase of Product(s) on the Site.
• "Consumer", in accordance with the definition in the preliminary article of the French Consumer Code: "any natural person who acts for purposes that are outside the scope of his commercial, industrial, craft or liberal activity".

The internet user visiting the Site and interested in the Products offered by the Seller is invited to carefully read these GTC, print them and/or save them on a durable medium, before placing an order on the Site.
The Client acknowledges having read the GTC and accepts them fully and without reservation.

ARTICLE 1 - APPLICATION OF THE GTC AND PURPOSE OF THE SITE

The Seller reserves the right to modify the GTC at any time by publishing a new version of them on the Site. The GTC applicable to the Client are those in force on the day of their order on the Site.
Legal information concerning the host and publisher of the Site, the collection and processing of personal data, and the terms of use of the Site are provided in the general terms of use, the legal notices, and the data charter of this Site.
This Site offers the online sale of jewelry.
The Site is freely and gratuitously accessible to all Clients. The acquisition of a Product or Service implies the Client's acceptance of all of these GTC, who thereby acknowledges having fully understood them. This acceptance may consist, for example, for the Client, of checking the box corresponding to the acceptance phrase of these GTC, for example stating " I acknowledge that I have read and accepted all of the general terms and conditions of the Site ". Checking this box will be deemed to have the same value as a handwritten signature from the Client.
The acceptance of these GTC implies that Clients have the necessary legal capacity to do so. If the Client is a minor or does not have this legal capacity, they declare that they have the authorization of a guardian, curator or their legal representative.
The Client acknowledges the evidentiary value of the Seller's automatic registration systems and, unless they provide proof to the contrary, waives the right to dispute them in the event of a dispute.
The Publisher provides the Client, on its Site, with a privacy charter specifying all information relating to the use of the Client's personal data collected by the Publisher and the rights the Client has regarding this personal data. The data privacy policy is part of the GTC. Acceptance of these GTC therefore implies acceptance of the data privacy policy.

ARTICLE 2 - CREATION OF A CLIENT ACCOUNT

The client can create a client account by filling out the form available for this purpose. To this end, the Client will be asked to provide a certain amount of personal information such as their first and last name, email address, postal address, and phone number; this list is not exhaustive. In this regard, the Client undertakes to provide accurate information. The Client is responsible for updating their data. They must therefore promptly notify the Seller in case of any change. The Client is solely responsible for the truthfulness, accuracy, and relevance of the data provided.
The Client registered on the Site can access it by logging in using their credentials (email address defined during registration and password) or possibly by using systems such as third-party social network login buttons. The Client is entirely responsible for protecting the password they have chosen. They are encouraged to use complex passwords. In case of forgotten password, the Client has the option to generate a new one. This password guarantees the confidentiality of the information contained in their "my account" section, and the Client therefore undertakes not to transmit or communicate it to a third party. Otherwise, the Seller cannot be held responsible for unauthorized access to a Client's account.
The client account allows the Client to view all their orders placed on the Site. If the data contained in the client account section were to disappear following a technical failure or a case of force majeure, the Seller's responsibility could not be engaged, as this information has no probative value but is merely informative. The pages relating to the client account are freely printable by the Client who owns the account in question but do not constitute proof in any way; they are merely informative to ensure efficient management of their orders or contributions by the Client.
Each Client is free to close their account on the Site. To do this, they must send an email to the Seller indicating that they wish to delete their account. No recovery of their data will then be possible.
The Seller reserves the exclusive right to delete the account of any Client who has violated these GTC (including, but not limited to, when the Client has knowingly provided erroneous information during registration and the creation of their personal space) or any account inactive for at least one year. Such deletion shall not constitute damage to the Client, who may not claim any compensation as a result. This exclusion does not preclude the possibility for the Seller to take legal action against the Client when the facts have justified it.

ARTICLE 3 - ORDERING PROCEDURES AND DESCRIPTION OF THE PURCHASE PROCESS

The Products offered are those listed in the catalog published on the Site. These Products are offered subject to stock availability. Each Product is accompanied by a description prepared by the Seller.
The photographs of the Products in the catalog reflect a faithful image of the Products offered but do not constitute a contractual commitment insofar as they cannot ensure a perfect similarity with the physical Products.
The term "Shopping Cart" will be defined below as the immaterial object grouping together all the Products selected by the Client of the Site for purchase by clicking on these items. In order to proceed with their order, the Client chooses the Product(s) they wish to order by adding them to their "Shopping Cart", the content of which can be modified at any time.
As soon as the Client considers that they have selected and added all the Products they wish to purchase to their shopping cart, they will have the option, to validate their order, to access their shopping cart by clicking on the button provided for this purpose. They will then be redirected to a summary page where the number and characteristics of the Products ordered, as well as their unit price, will be communicated.
If they wish to validate their order, the Client must check the box relating to the ratification of these GTC and click on the validation button. The Client will then be redirected to a page where they will have to fill in the fields of the order form. In this latter case, they will have to provide a certain amount of personal data concerning them, necessary for the proper processing of the order.
All orders placed on the Site must be duly completed and must specify this necessary information. The Client may make changes, corrections, additions, or cancel the order, up until its validation.
Once the Client has completed the form, they will then be invited to make their payment using the payment methods listed in the section of these GTC relating to payments. After a few moments, the Client will receive an email confirming the order, reminding them of the content of the order and its price.
The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.
The seller reserves the right to refuse any order for legitimate reasons:

• When the quantities ordered are abnormally high or unusual for a single customer,
• In case of fraud or attempted fraud by a Client,
• In case of a payment incident,
• In case of an existing dispute with a Client

As part of the fight against fraud, the company may ask customers to prove their identity, address and the payment methods used. In this case, your order will be processed after receipt of these documents. In case of non-receipt of these documents, or in case of receipt of documents deemed non-compliant, the order may be cancelled and the account frozen.

ARTICLE 4 - PRICES AND PAYMENT TERMS

Unless otherwise stated, the prices listed in the catalog are prices in Euros all taxes included (TTC), taking into account the VAT applicable on the day of the order and excluding any possible participation in processing and shipping costs.
Manacreations reserves the right at any time to modify its prices and to pass on, if applicable, any change in the current VAT rate to the price of the Products or Services offered on the Site. Nevertheless, the price listed in the catalog on the day of the order will be the only one applicable to the Client.
The Client can place an order on this Site and can make payment by credit card (CB, Visa, Mastercard, ApplePay) or by Paypal (provided that an account has been previously created on paypal.com and identified). Credit card payments are made through secure transactions provided by an online payment platform provider.
This Site does not have access to any data relating to the Client's payment methods. Payment is made directly to the bank or payment provider receiving the Client's payment.
The availability of Products is indicated on the Site, in the descriptive sheet of each Product.
Manacreations will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

ARTICLE 5 - DELIVERIES

Delivery costs will be indicated to the Client before any payment.
In case of delivery of a Product outside the territory of the European Union and in the French overseas departments and territories (DOM-TOM), the Client declares himself the importer of the Product and accepts that in such a case the Seller may be materially unable to provide him with accurate information on the total amount of costs relating to customs duties and formalities or import taxes applicable in the country where the delivery of the Product is requested.
Unless otherwise stated on the Site during the ordering process or in the description of the ordered Products, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Client, unless otherwise stipulated on the Site page concerning the ordered Product.
The Client may refuse a package at the time of delivery if they notice an anomaly concerning the delivery (damage, missing Product compared to the delivery note, damaged package, broken Products, etc.); any anomaly must then imperatively be indicated by the Client on the delivery note, in the form of handwritten reservations, accompanied by the Client's signature. To exercise their right of refusal, the Client must open the damaged or defective package(s) in the presence of the carrier and have them take back the damaged goods. Failing to comply with these requirements, the Client will not be able to exercise their right of refusal, and the Seller will not be obliged to accede to the Client's request to exercise the right of refusal.

If the Client's package is returned to the Seller by the Post Office or other postal service providers, the Seller will contact the Client upon receipt of the returned package to ask what to do with their order. If the Client mistakenly refused the package, they can request it to be sent back by first paying the postal charges for the new shipment. Postal charges must be paid even for orders for which shipping was free during the initial order.
In the event of a delivery error or exchange (if the right of withdrawal is applicable, i.e., if the Client is a Consumer and the contract entered into to acquire the Product allows for withdrawal, according to article L.221-18 and subsequent articles of the French Consumer Code), any product to be exchanged or reimbursed must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from the Client's clumsiness or mishandling cannot be attributed to the Seller.
Any delay in delivery compared to the date or deadline indicated to the Consumer Client during their order or, in the absence of a date or deadline indicated at the time of the order, exceeding thirty (30) days from the conclusion of the contract, may result in the termination of the sale at the initiative of the Consumer Client, upon written request from them by registered letter with acknowledgment of receipt, if after having urged the Seller to make the delivery, the Seller has not complied. The Consumer Client will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, for the totality of the sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.
Deliveries are made via La Poste carrier with tracked letter or Colissimo. Delivery time is 2 to 3 working days.

The delivery times mentioned above are indicative, Manacreations cannot under any circumstances be held responsible for any delay in delivery by the carrier La Poste, Colissimo and Mondial Relay.
In all cases, if the package is returned to the sender for any reason whatsoever, the second delivery will be at the Client's expense.
Reshipping the package is mandatory; the sender will not be able to cancel and refund the unclaimed order. Furthermore, if one of the ordered items is no longer available on the site at the time of receipt of the package, it cannot under any circumstances be returned to us for a refund or credit.
If the package is returned to the sender again, it will no longer be sent to the Client and the total amount of the order, including any additional delivery costs, will remain acquired by Manacreations.
We will not accept any delivery dispute if the package appears to have been delivered (proof via carrier's register). In this case, no refund or re-shipment of the order will be possible.
If your package is declared lost by La Poste or Colissimo, we will refund the amount of compensation paid by the carrier. If there is a difference between the compensation and the value of your order, the difference will be refunded to you as a credit on our site.
The choice of delivery method is made at checkout.
Delivery is free for purchases of 50€ or more in metropolitan France.

ARTICLE 6 - RIGHT OF WITHDRAWAL AND WITHDRAWAL FORM

In accordance with Article L.221-18 of the Consumer Code, and if the right of withdrawal is applicable, the Consumer Client has a period of fourteen (14) days from the date of receipt of the Product of their order to withdraw. They shall be obliged to return any Product that does not suit them and request an exchange or refund without penalty, with the exception of return shipping costs, within fourteen days from the date Manacreations receives the refund request.
No returns will be accepted if they exceed 14 days from the date of receipt of the Product. The re-shipment costs of the product will be entirely borne by the customer. No refund or credit can be issued.
The Product must be returned in perfect condition. If applicable, it must be accompanied by all its accessories. It is understood that the Client shall bear the cost of returning the Product in case of withdrawal, as well as the cost of returning the Product if, due to its nature, it cannot normally be returned by Post.
If the preceding obligations are not met, the Client will lose their right of withdrawal and the Product will be returned to them at their expense.
The Client is recommended to make the return using a solution that allows for parcel tracking. Otherwise, if the returned parcel does not reach the Seller, it will not be possible to initiate an investigation and make a claim with the postal services to ask them to locate it. In this case, we will not be able to refund the returned item(s).
The refund will be made using the same payment method chosen by the Client for the initial transaction, unless the Client expressly agrees that the Seller uses another payment method, and insofar as the refund does not incur costs for the Client. Only the refund of the product(s) sent will be issued. We do not refund shipping costs.
The Seller also reserves the right to defer the refund until receipt of the Product or as long as the Client has not demonstrated that they have shipped the Product, if such a demonstration has not occurred previously.
In case of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the Product(s), the Client's liability may be engaged.
By accepting these conditions, the Client expressly acknowledges having been informed of the terms of withdrawal.
In case of abusive or abnormal returns, the Seller reserves the right to cancel a subsequent order.
In accordance with Article L221-5 of the Consumer Code ("Hamon law") of June 2014, the Consumer Client can find below a standard withdrawal form for an order placed on the site:

WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of Manacreations (Manaïck MOTTE), 1 rue des hêtres; Querqueville 50460 Cherbourg en Cotentin,
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:
Ordered on (*)/received on (*) :
Name(s) of Client(s) :
Address of Client(s) :
Signature of Client(s) (only in case of notification of this form on paper) :
Date :
(*) Delete as appropriate.

ARTICLE 7 - PRODUCT WARRANTY LEGAL PROVISIONS TO BE REPRODUCED

When acting under the legal guarantee of conformity, the consumer benefits from a period of two years from the delivery of the goods to act; they can choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code; except for second-hand goods, they are exempt from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods, a period extended to 24 months from March 18, 2016.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The consumer can decide to implement the guarantee against hidden defects of the sold item within the meaning of Article 1641 of the Civil Code, unless the seller has stipulated that they will not be bound by any guarantee; in the event of implementation of this guarantee, the buyer has the choice between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. They have a period of two years from the discovery of the defect.
The postponement, suspension or interruption of the limitation period cannot have the effect of extending the extinctive limitation period beyond twenty years from the day the right arose in accordance with Article 2232 of the Civil Code.

All items acquired on this site benefit from the following legal guarantees, provided for by the Civil Code;

LEGAL GUARANTEE OF CONFORMITY
According to Articles L.217-4 et seq. of the Consumer Code, the Seller is obliged to deliver goods that conform to the contract concluded with the Consumer Client and to be liable for defects in conformity existing during the delivery of the Product. The guarantee of conformity may be exercised if a defect exists on the day the Product is taken possession of. However, when the defect appeared within 24 months of this date, it is presumed to meet this condition. But, in accordance with Article L.217-7 of the Consumer Code, " the Seller may challenge this presumption if it is not compatible with the nature of the [Product] or the alleged lack of conformity ".
However, after this 24-month period, it will be up to the Client to prove that the defect existed at the time the Product was taken possession of.
In accordance with Article L.217-9 of the Consumer Code: " in case of lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other modality, taking into account the value of the goods or the importance of the defect. They are then obliged to proceed, unless impossible, according to the modality not chosen by the buyer ".

LEGAL GUARANTEE AGAINST HIDDEN DEFECTS
According to Articles 1641 to 1649 of the Civil Code, the Client may request the exercise of the guarantee against hidden defects if the defects were not apparent at the time of purchase, were prior to the purchase (and therefore do not result from normal wear and tear of the Product, for example), and are sufficiently serious (the defect must either render the Product unfit for its intended use, or diminish this use to such an extent that the buyer would not have purchased the Product or would not have purchased it at such a price if they had known of the defect).
Claims, requests for exchange or refund for a non-compliant Product must be made by post or email to the addresses indicated in the legal notices of the site.
In the case of a claim concerning a defective item, it must be made within 5 days of receipt of said item. After this period, the seller can no longer be held responsible and no exchange or refund will be possible.
In the event of non-conformity of a delivered Product, it may be returned to the Seller who will proceed with its exchange. In case of impossibility of exchange of the Product (obsolete Product, out of stock, etc.) the Client will be refunded by check or bank transfer for the amount of their order. The costs of the exchange or refund procedure (in particular the return shipping costs of the Product) are then borne by the Seller.

ARTICLE 8 - CUSTOMER SERVICE

The customer service of this Site is accessible by email at the following address: manacreationsbijoux@gmail.com or by postal mail at the address indicated in the legal notices.
ARTICLE 9 - LIABILITY
The Seller Manacreations cannot be held responsible for the non-execution of the concluded contract due to the occurrence of a force majeure event. Regarding the Products purchased, the Seller shall not incur any liability for any indirect damages resulting from these presents, loss of operation, loss of profit, damages or costs, which may occur.
The choice and purchase of a Product are under the sole responsibility of the Client. The total or partial impossibility of using the Products, particularly due to hardware incompatibility, cannot give rise to any compensation, refund or questioning of the Seller's liability, except in the case of a proven hidden defect, non-conformity, defectiveness or exercise of the right of withdrawal if applicable, i.e. if the Client is not a Consumer Client and the contract entered into to acquire the Product or Service allows withdrawal, according to Article L 221-18 et seq. of the Consumer Code.
The Client expressly acknowledges using the Site at their own risk and under their exclusive responsibility. The Site provides the Client with information for illustrative purposes, with imperfections, errors, omissions, inaccuracies and other ambiguities that may exist. In any event, Manacreations cannot under any circumstances be held responsible for:

• any direct or indirect damage, particularly with regard to loss of profits, loss of earnings, loss of customers, data that may, among other things, result from the use of the Site, or conversely from the impossibility of its use;
• a malfunction, unavailability of access, improper use, incorrect configuration of the Client's computer, or the use of an uncommon browser by the Client;
• the content of advertisements and other links or external sources accessible by Clients from the Site.

The photographs and visuals of the Products presented on the Site have no contractual value, and the Seller's liability cannot therefore be engaged if the characteristics of the Products differ from the visuals present on the Site or if these are erroneous or incomplete.
ARTICLE 10 - INTELLECTUAL PROPERTY RIGHTS
All elements of this Site belong to the Seller or an authorized third party, or are used by the Seller with the authorization of their owners.
Any reproduction, representation, adaptation of logos, textual, pictorial or video content, without this list being exhaustive, is strictly prohibited and constitutes counterfeiting.
Any Client who commits counterfeiting may have their account deleted without prior notice or compensation and without this deletion being able to constitute damage to them, without prejudice to any subsequent legal action against them, at the initiative of the Seller or its agent.
This Site uses elements (images, photographs, content) whose credits go to: Google.
The trademarks and logos contained on the Site may be registered by Manacreations, or possibly by one of its partners. Any person who represents, reproduces, embeds, disseminates and re-disseminates them incurs the penalties provided for in Articles L.713-2 et seq. of the Intellectual Property Code.

ARTICLE 11 - INDEPENDENCE OF CLAUSES

If any provision of the GTC is deemed illegal, void or for any other reason unenforceable, then that provision shall be deemed severable from the GTC and shall not affect the validity and enforceability of the remaining provisions.
These GTC supersede all prior or contemporary written or oral agreements. The GTC are not assignable, transferable or sub-licensable by the Client themselves.
A printed version of the GTC and all notices given in electronic form may be requested in judicial or administrative proceedings relating to the GTC. The parties agree that all correspondence relating to these GTC must be written in French.

ARTICLE 12 - APPLICABLE LAW AND MEDIATION

These GTC are governed by and subject to French law.
Except for public policy provisions, any disputes that may arise in connection with the execution of these GTC may, prior to any legal action, be submitted to the appraisal of the Site Publisher for amicable settlement.
It is expressly recalled that requests for amicable settlement do not suspend the deadlines for initiating legal action. Unless otherwise provided by public policy, any legal action relating to the execution of these GTC must be submitted to the jurisdiction of the courts of the defendant's domicile.

All rights reserved - October 12, 2023